8-K

U.S. SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

Current Report Pursuant

to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of earliest event reported) June 15, 2009

AMERICAN SCIENCE AND ENGINEERING, INC.

(Exact Name Of Registrant As Specified In Its Charter)

MASSACHUSETTS

(State or Other Jurisdiction of Incorporation)

1-6549	04-2240991
(Commission File Number)	(I.R.S. Employer Identification No.)
829 MIDDLESEX TURNPIKE, BILLERICA, MASSACHUSETTS	01821
(Address of Principal Executive Offices)	(Zip Code)

(978) 262-8700

(Registrant’s Telephone Number, Including Area Code)

N/A

(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

ITEM 8.01. OTHER EVENTS.

On June 15, 2009, American Science and Engineering, Inc. issued a press release announcing a federal court ruling on litigation in the United States District Court for the Eastern District of Virginia against AutoClear, LLC, and its affiliates Control Screening, LLC, and Scan-Tech Security, LP, for infringement of the Company’s United States Patent No. 5,313,511.  A copy of the press release issued on June 15, 2009 regarding the patent infringement case is filed as Exhibit Number 99.1.

ITEM 9.01 EXHIBITS.

ExhibitNumber	Description
99.1	Press Release dated June 15, 2009.

2

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

Date: June 15, 2009	AMERICAN SCIENCE AND ENGINEERING, INC.
	By:	/s/ Patricia A. Gray
		Patricia A. Gray
		Senior Vice President and General Counsel

3

EXHIBIT INDEX

ExhibitNumber	Description
99.1	Press Release dated June 15, 2009.

4

EX-99.1

EXHIBIT 99.1

AMERICAN SCIENCE AND ENGINEERING, INC. (“AS&E”) ANNOUNCES FEDERAL COURT RULING ON PATENT INFRINGEMENT CASE

Judgment Represents Win for AS&E’s Patented Technology

BILLERICA, Mass. – June 15, 2009 – American Science and Engineering, Inc. (NASDAQ: ASEI) (AS&E®), a leading worldwide supplier of innovative x-ray detection solutions, today announced that a federal district court in Norfolk, Virginia, has issued a consent judgment holding that the 888SDZ series x-ray inspection system made by AutoClear, LLC, Control Screening, LLC, and Scan-Tech Security, L.P., of Fairfield, New Jersey, infringe AS&E’s United States Patent 5,313,511. The patent is directed to x-ray inspection systems that employ both backscatter and transmission detection to screen luggage, parcels, baggage, and other items. Under the terms of a settlement agreement, AS&E has granted the defendants a limited license under the patent commencing later this year. Other terms of the settlement agreement are confidential.

“In our industry, it is critical to encourage and reward progress in the development of technologies that promote public safety.  We are pleased that we have been successful in our enforcement of our patented technology,” said AS&E’s President and CEO, Anthony Fabiano.

AS&E was represented in the litigation by the Boston intellectual property law firm Bromberg & Sunstein LLP and by the Norfolk law firm Willcox and Savage, P.C.

About AS&E®

American Science and Engineering, Inc. (AS&E) is the leading worldwide supplier of innovative X-ray inspection systems. With over 50 years of experience in developing advanced X-ray security systems, the Company’s product line utilizes a combination of technologies, including patented Z Backscatter technology, Radioactive Threat Detection (RTD), high energy transmission and dual energy transmission X-ray. These technologies offer superior X-ray threat detection for plastic explosives, plastic weapons, liquid explosives, dirty bombs and nuclear devices. AS&E’s complete range of products include cargo inspection systems for port and border security, baggage screening systems for facility and aviation security, and personnel and passenger screening systems. AS&E systems protect high-threat facilities and help combat terrorism and trade fraud, drug smuggling, weapon smuggling, and illegal immigration and people smuggling. AS&E customers include leading government agencies, border authorities, military bases, airports and corporations worldwide, including the U.S. Department of Homeland Security (DHS), U.S. Department of Defense (DoD), U.S. Customs and Border Protection (CBP), North Atlantic Treaty Organization (NATO), HM Revenue & Customs (U.K.), Hong Kong Customs, and Abu Dhabi Customs. For more information on AS&E products and technologies, please visit www.as-e.com.

Contact:

Red Javelin Communications, Inc.

Dana Harris

978-440-8392

dana@redjavelin.com

or

American Science and Engineering, Inc.

Laura Berman

978-262-8700

lberman@as-e.com

Safe Harbor Statement. The foregoing press release contains statements concerning AS&E’s financial performance, markets and business operations that may be considered “forward-looking” under applicable securities laws. AS&E wishes to caution readers of this press release that actual results might differ materially from those projected in any forward-looking statements. Factors which might cause actual results to differ materially from those projected in the forward-looking statements contained herein include the following: significant reductions or delays in procurements of the Company’s systems by the United States and other governments; disruption in the supply of any source component incorporated into AS&E’s products; litigation seeking to restrict the use of intellectual property used by the Company; potential product liability claims against the Company; global political trends and events which affect public perception of the threat presented by drugs, explosives and other contraband; global economic developments and the ability of governments and private organizations to fund purchases of the Company’s products to address such threats; and the potential insufficiency of Company resources, including human resources, capital, plant and equipment and management systems, to accommodate any future growth, and future delays in federal funding. These and certain other factors which might cause actual results to differ materially from those projected are detailed from time to time in AS&E’s periodic reports and registration statements filed with the Securities and Exchange Commission, which important factors are incorporated herein by reference. AS&E undertakes no obligation to update forward looking statements to reflect changed assumptions, the occurrence of unanticipated events, or changes in future operating results, financial condition or business over time.